The defense of double jeopardy does not preclude the state from retrying a defendant who has been granted a new trial on a defendant's appeal claiming an error occurred during the trial.

Question

Quizplus · Accepted Answer

The defense of double jeopardy only applies to prevent a person from being tried twice for the same offense after having been acquitted or convicted. However, it does not prevent retrials in cases where an error occurred during the trial that may have affected the fairness of the proceedings.

The Defense of Double Jeopardy Does Not Preclude the State